Madras High CourtWP(MD)/6958/2022disposed of

Velusamy Nadar.P v. The Tahsildar

2022-04-13Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE P.Velusamy Nadar ... Petitioner Vs.

1.The Tahsildar, O/o. The Tahsildar, Kadaladi, 2.The Head Land Surveyor, Kadaladi, 3.The Taluk Land Surveyor, Kadaladi Taluk, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to survey and the petitioner's land in Old Survey No.182/20A1A1A1A and in New Survey No.182/69 in Patta No.10627 in an extent of 0.2.50 ares situated at S.Duraisamipuram Village, Sayalkudi Group, Kadaladi Taluk, Ramanathapuram District by considering the petitioner's representation dated 08.03.2022 within the time stipulated by this Court.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to survey and demarcate the boundaries in respect of the land in Old Survey No.182/20A1A1A1A and in New Survey No.182/69 in Patta No.10627 measuring an extent of 0.2.50 ares situated at S.Duraisamipuram Village, Sayalkudi Group, Kadaladi Taluk, Ramanathapuram District based on the petitioner's representation dated 08.03.2022 within a time frame to be fixed by this Court.

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2. According to the petitioner, he is the absolute owner of the aforementioned property. It is the case of the petitioner that Patta No.10627 also stands in his name. He has also produced the said document along with the Writ Petition. He seeks for survey and demarcation of the boundaries in respect of Patta No.10627.

3. Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents, on instructions, would submit that earlier the respondents attempted to survey the land on the request made by the petitioner, but the respondents were shown a different land owned by the petitioner. The said statement is recorded.

4. No prejudice would be caused to the respondents, if the survey and demarcation of the boundaries pertaining to Patta No.10627, which stands in the name of the petitioner, is done in the presence of the petitioner and other necessary parties, whom the respondents deem fit to put on notice.

5. For the foregoing reasons, this Court directs the first respondent with the assistance of the second and third respondents to survey and demarcate the boundaries in respect of the property covered by Patta No.10627 (Survey No.182/69), which stands in the name of the petitioner, within a period of twelve (12) weeks from the date of receipt of a copy of this order, in the presence of the petitioner and other necessary parties, whom the first respondent deems fit to put on notice.

6. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Tahsildar, O/o. The Tahsildar, Kadaladi, 2.The Head Land Surveyor, Kadaladi, 2/3

3.The Taluk Land Surveyor, Kadaladi Taluk, +1 CC to M/s.T. THIRUMURUGAN, Advocate ( SR-19093[F] dated 18/04/2022 ) +1 CC to M/s.SPL.GP ( SR-19343[F] dated 19/04/2022 ) 13.04.2022 MGJ(02.05.2022) 3P 6C 3/3